Implementing the Common European Asylum System

EUROPEAN COMMISSION

Brussels, 29.9.2015 COM(2015) 490 final/2 ANNEX 7

CORRIGENDUM This document corrects COM(2015) 490 final of 23 September 2015. Concerns the English version only. Update footnotes and minor amendments in the Communication and minor errors in annexes 2, 3, 4, 6, 7.

ANNEX to the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL Managing the refugees crisis: immediate operational, budgetary and legal measures under the European Agenda on Migration

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ANNEX VII Implementing the Common European Asylum System Since 1999, the EU has been working to create a Common European Asylum System (CEAS) and to improve the legislative framework. EU rules have gradually been improved and strengthened, with the aim of setting out common high standards and stronger cooperation to ensure that asylum seekers are treated equally in an open and fair system — wherever they apply. The main components of the system are the following: 

the Asylum Procedures Directive harmonises asylum procedures and aims at fairer, quicker and better quality asylum decisions;

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the Reception Conditions Directive ensures that there are humane material reception conditions (such as housing) for asylum seekers across the EU and that the fundamental rights of the persons concerned are fully respected;

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the Qualification Directive clarifies the grounds for granting international protection;

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the Dublin Regulation contains the rules establishing the state responsible for examining asylum applications ;

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the Eurodac Regulation establishes the Eurodac system in order to allow comparison of fingerprints with the aim of assisting the application of the Dublin Regulation.

These rules are complemented by legislation on legal and irregular migration:  

the Return Directive provides for common rules for the return and removal of the irregularly staying migrants; the Long Term Residence Directive which covers the conditions for awarding long-term resident status to non-EU nationals.

In line with the principles of solidarity and responsibility, Member States must guarantee the same level of protection to persons in need of international protection. They must also apply an effective return policy. Systematic deficiencies in one or more Member States have an impact on the whole Union. The Commission has launched 37 infringement procedures against 19 Member States for failing to transpose into national law, by July 2015, the new EU Directives making up the Common European Asylum System. The Commission also decided to continue infringement proceedings against two Member States for non-transposition of the Qualifications Directive. This legislation forms a coherent whole, designed to guarantee fair and consistent implementation of the asylum rules across the Member States. By the same token, the failure to implement this legislation has a corrosive effect on the overall efficiency of the system. The Commission therefore decided to continue infringement proceedings against one Member State for bad application of the asylum acquis. Finally, the Commission has recently sent requests of information to Member States in eight cases and will continue pursuing swiftly and effectively infringement procedures, where necessary, in order to ensure full compliance with the asylum acquis, the fingerprinting Regulation and the return Directive. 2

Asylum Procedures Directive 2013/32/EU

Reception Conditions Directive 2013/33/EU

Qualifications Directive 2011/95/EU

EURODAC Regulation EU/603/2013

Return Directive 2008/115/EC

Stage of Process

Stage of Process

Stage of Process

Stage of Process

Stage of Process

LFN sent for noncommunication of transposition

Austria Belgium Bulgaria Cyprus Croatia Czech Republic Denmark Estonia

LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition N/A LFN sent for noncommunication of transposition

LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition

RO sent for noncommunication of transposition Administrative letter sent requesting clarifications on application


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Finland France Germany Greece Hungary Ireland

LFN sent for nonLFN sent for noncommunication of communication of transposition transposition LFN sent for nonLFN sent for noncommunication of communication of transposition transposition LFN sent for nonLFN sent for noncommunication of communication of transposition transposition Second additional LFN sent for bad application LFN sent for nonLFN sent for noncommunication of communication of transposition transposition N/A N/A

Administrative letter sent requesting clarifications on application Administrative letter sent requesting clarifications on application Administrative letter sent requesting clarifications on application N/A Administrative letter sent requesting clarifications on application

Italy Latvia Lithuania Luxembourg Malta

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Administrative letter sent requesting clarifications on application Administrative letter sent requesting clarifications on application

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LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition

Netherlands Poland





Portugal Romania Slovakia Slovenia Spain Sweden United Kingdom

LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition LFN sent for noncommunication of transposition N/A

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RO sent for noncommunication of transposition

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40 new decisions

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LFN = Letter of Formal Notice RO = Reasoned Opinion 3